Loeb v. McCullough
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in Equity. Heard before the Hof. Thos. M. Arrington. The bill in this ease was filed on the 8th July, 1885, by Louis Loeb, against Joseph McCullough and his wife, Mary A. McCullough ; and sought to foreclose a mortgage on a tract of bind,.executed by said McCullough and wife to E. Blum, and assigned by said Blum to the complainant.
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Appeal from the City Court of Montgomery, in Equity. Heard before the Hof. Thos. M. Arrington. The bill in this ease was filed on the 8th July, 1885, by Louis Loeb, against Joseph McCullough and his wife, Mary A. McCullough ; and sought to foreclose a mortgage on a tract of bind,.executed by said McCullough and wife to E. Blum, and assigned by said Blum to the complainant. The mortgage, a copy of which was made an exhibit to the bill, was dated January 6th, 1874, and purported to be given for advances to make a crop. The bill alleged that the mortgage was, on the 15th February, 1876, “duly…
1Opinion of the CourtStone, C. J.
On the 10th day of January, 1868, Joseph McCullough, by deed absolute in terms, conveyed certain described lands “to Thomas McCullough, as trustee for my [his] wife Mary.” The consideration of the deed is thus expressed : “For and in consideration of being indebted to my wife, Mary A. McCullough, an amount of her separate estate received by me in the sum of four thousand dollars in money.” The habendum clause is as follows: “To have and to hold to him, the said Thomas McCullough, as trustee for my said wife Mary; the same to be held and enjoyed by her in all respects as her separate estate…
2Cases cited20 opinions
- Prout v. HogeSupreme Court of Alabama · 1876
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Welsh v. PhillipsSupreme Court of Alabama · 1875
- Warren v. WagnerSupreme Court of Alabama · 1883
- You v. FlinnSupreme Court of Alabama · 1859
15 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
- Carrington v. RichardsonSupreme Court of Alabama · 1885
- Parker v. MarksSupreme Court of Alabama · 1886
- Rabitte & Gaudin v. Orr Bros.Supreme Court of Alabama · 1887
- Jordan & Sons v. SmithSupreme Court of Alabama · 1887
8 more not listed; retrieve them via the Exa API.